abstract water from any source of supply; or

cause or permit any other person so to abstract any water,

to construct any well, borehole or other work by which water may be abstracted from those strata;

to extend any such well, borehole or other work; or

to instal or modify any machinery or apparatus by which additional quantities of water may be abstracted from those strata by means of a well, borehole or other work,

that the abstraction of the water or, as the case may be, of the additional quantities of water is authorised by a licence under this Chapter; and

he contravenes subsection (1) or (2) above; or

he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.

on summary conviction, to a fine not exceeding F36£20,000;

on conviction on indictment, to a fine.

a licence under this Chapter granted by the F38Agency to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force;

the impounding works will not obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and

any other requirements of the licence, whether as to the provision of compensation water or otherwise, are complied with.

he contravenes subsection (1) above; or

he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.

on summary conviction, to a fine not exceeding F39£20,000;

on conviction on indictment, to a fine.

the construction or alteration of those works; or

the obstruction or impeding of the flow of the inland waters resulting from the construction or alteration of the works,

any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 to the M9Water Act 1989 or Schedule 2 to the M10Water Industry Act 1991; or

any other person,

any reference in those provisions to a licence under this Chapter included a reference to the authorisation mentioned in that subsection; and

any reference to the holder of such a licence included a reference to the undertaker or other person so mentioned.

any dam, weir or other works in any inland waters by which water may be impounded;

any works for diverting the flow of any inland waters in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a) above.

to the construction or extension of any well, borehole or other work; or

to the installation or modification of machinery or other apparatus,

a geographical area; or

a class of inland waters; or

a class of underground strata; or

a class of inland waters or of underground strata within a geographical area,

make different provision in relation to the different paragraphs in subsection (1) above; and

make different provision for different areas, waters or underground strata.

which is for the time being in force; but

which by virtue of the order has become wholly or partly unnecessary,

immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply;

following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and

to prevent interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface); or

to prevent damage to works resulting from any such operations.

water is abstracted, in the course of any such operations as are mentioned in subsection (2) above, from any excavation into underground strata in a case in which the level of water in the underground strata depends wholly or mainly on water entering it from those strata; and

the abstraction is necessary as mentioned in that subsection,

to the construction or extension of any well, borehole or other work; or

to the installation or modification of machinery or other apparatus,

proposes to construct a well, borehole or other work which is to be used solely for the purpose of abstracting, to the extent necessary to prevent interference with the carrying out or operation of any underground works, water contained in underground strata; or

proposes to extend any such well, borehole or other work,

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

that the measures required by the conservation notice are not reasonable;

that those measures would interfere with the protection of the underground works in question.

cause a local inquiry to be held; or

afford to the appellant and the F43Agen cy an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

for F44extinguishing fires or protecting life and property in the event of fire ; or

for the purpose of testing apparatus used for F45either of those purposes or of training or practice in the use of such apparatus.

to any abstraction of water;

to the construction or extension of any well, borehole or other work; or

to the installation or modification of machinery or other apparatus,

the purpose of ascertaining the presence of water in any underground strata or the quality or quantity of any such water; and

the purpose of ascertaining the effect of abstracting water from the well, borehole or other work in question on the abstraction of water from, or the level of water in, any other well, borehole or other work or any inland waters.

the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions imposed by section 24 above); or

the restriction on impounding works,

for the exemption to apply only for a prescribed period;

for the exemption not to apply unless prescribed conditions are satisfied, or continue to be satisfied;

a prescribed geographical area;

a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 above); or

prescribed inland waters (in the case of an exemption from the restriction on impounding works).

if appropriate, make provision for the exemption not to permit a person who is authorised by a licence under this Chapter to carry on an abstraction operation (or series of operations) to carry it on beyond the authorisation conferred by the licence; and

make provision as to whether or not, in relation to any abstraction, the exemption provided for by the regulations is to be counted cumulatively with any other exemption which a person has by virtue of this section or section 27 above.

notice of any such application will be given to such one or more National Park F51. . . authorities as may be determined in accordance with the regulations; and

the matters to which the F52Agen cy or, as the case may be, the Secretary of State is to have regard in dealing with the application will include any representations made by any such National Park F51. . . authority within such period and in such manner as may be prescribed.

he is the occupier of land contiguous to the inland waters; or

he satisfies the F54Agency that he has, or at the time when the proposed licence is to take effect will have, a right of access to such land.

he is the occupier of land consisting of or comprising those underground strata; or

includes a reference to a person who satisfies the F54Agen cy that he has entered into negotiations for the acquisition of an interest in land of that description such that, if the interest is acquired by him, he will be entitled to occupy that land; and

without prejudice to the application of paragraph (a) above to a person who is or can be authorised to acquire land compulsorily, also includes any person who satisfies the F54Agency that by virtue of any enactment, the compulsory acquisition by that person of land of that description either has been authorised or can be authorised and has been initiated.

the submission to the relevant Minister of a draft of an order which, if made by that Minister in the form of the draft, will authorise that person to acquire that land compulsorily, with or without other land; or

the submission to the relevant Minister of an order which, if confirmed by that Minister as submitted will authorise that person to acquire that land compulsorily, with or without other land.

by a copy of a notice in the prescribed form; and

by the prescribed evidence that the necessary notices of the application have been given.

name a place within the relevant locality where a copy of the application, and of any map, plan or other document submitted with it, will be open to inspection by the public, free of charge, at all reasonable hours during a period specified in the notice in accordance with subsection (5) below; and

state that any person may make representations in writing to the F56Agency with respect to the application at any time before the end of that period.

begins not earlier than the date on which the notice is first published in a newspaper other than the London Gazette; and

ends not less than twenty-eight days from that date and not less than twenty-five days from the date on which the notice is published in the London Gazette.

an application for a licence under this Chapter to abstract water is made to the F56Agency; and

the application proposes that the quantity of water abstracted in pursuance of the licence should not in any period of twenty-four hours exceed, in aggregate, twenty cubic metres or any lesser amount specified in the application,

would take effect immediately after the expiry of an existing licence of the same type (the “existing licence”) and be held by the same person as the holder of that licence; but

would in any other respect be different from the existing licence in a way which, if the existing licence were to continue without expiring, would require an application to be made under section 51(2) below for a variation of the licence.

may grant a licence containing such provisions as the F57Agency considers appropriate; or

if, having regard to the provisions of this Chapter, the F57Agency considers it necessary or expedient to do so, may refuse to grant a licence.

any representations in writing relating to the application which are received by the F57Agency before the end of the period mentioned in subsection (1) above; and

the requirements of the applicant, in so far as they appear to the F57Agency to be reasonable requirements.

the abstraction of water; or

the flow of any inland waters to be obstructed or impeded by means of impounding works,

the application to be determined is one which does not fall within subsection (1A) of section 38 above only because paragraph (b) of that subsection is not satisfied; or

the determination of an application is being concluded in accordance with subsection (1C) of that section.

abstracting water; or

so obstructing or impeding the flow of any such waters,

by a decision given in any legal proceedings, it has been held to be unlawful; and

that decision has not been quashed or reversed.

it is such a right as a person who is the holder of a full licence is taken to have by virtue of section 48(1) below;

it is such a right as a person is taken to have by virtue of subsection (2) below;

it is such a right as a person continues to be taken to have by virtue of subsection (7) below;

it is such a right as a person is taken to have by virtue of subsection (10) of section 59C below;

it is such a right as a person continues to be taken to have by virtue of a provision made under subsection (5)(b) of section 10 of the Water Act 2003 in an order made under that section; or

it is such a right as a person continues to be taken to have by virtue of section 102(3) of that Act.

by virtue of section 27(1) above is not subject to the restriction on abstraction; and

also falls within subsection (4) or (5) below,

twenty cubic metres;

if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them).

the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and

any provision made by virtue of section 27A(5) above in an order made under section 27A(1) above; or

any provision made by virtue of section 33A(5) above in regulations made under section 33A above,

during a period mentioned in subsection (9) below he does not carry out any such abstraction as would have been authorised by the old licence if it had still been in force; or

following a further order under section 27A(1) above or further regulations under section 33A above, he is granted another full licence in respect of abstraction from the same point as that authorised by the old licence.

four years; or

if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the holder of the old licence.

a register to relate to a prescribed geographical area, or for different sections of a register to relate to different geographical areas (whether prescribed or not);

the inclusion of protected rights which arise other than by virtue of any provision of this Act;

the form and contents of the register, and its inspection by members of the public;

the procedure for applying for a protected right to be included in the register, including any information which is to accompany the application;

cases in which it is the duty of the Agency to include a protected right in the register without an application for inclusion having been made.

that the flow at any control point will not be reduced below the minimum acceptable flow at that point; or

if it is already less than that minimum acceptable flow, that the flow at any control point will not be further reduced below the minimum acceptable flow at that point.

an application for a licence under this Chapter relates to abstraction from underground strata; and

it appears to the F68Agency that the proposed abstraction is likely to affect the flow, level or volume of any inland waters which are neither discrete waters nor waters comprised in an order under section 33 above,

may relate either to a particular application or to applications of a class specified in the direction; and

may except from the operation of the direction such classes of applications as may be specified in the direction in such circumstances as may be so specified.

may determine that a licence shall be granted containing such provisions as he considers appropriate; or

if, having regard to the provisions of this Act, he considers it necessary or expedient to do so, may determine that no licence shall be granted.

cause a local inquiry to be held; or

afford to the applicant and the F70Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

any reference in those provisions to the F70Agency, except the references in sections 37(4)(b) and (6)(a) and 38(3)(a), were a reference to the Secretary of State; and

any reference to section 39(1) above were a reference to subsection (4) below.

the abstraction of water; or

the flow of any inland waters to be obstructed or impeded by means of impounding works,

the applicant is dissatisfied with the decision of the F73Agency on the application; or

except in a case falling within paragraph (b) below, such period as may be prescribed; and

where an extended period is at any time agreed in writing between the applicant and the F73Agency, the extended period.

in such manner as may be prescribed; and

may allow or dismiss the appeal or reverse or vary any part of the decision of the F75Agency, whether the appeal relates to that part of the decision or not; and

may deal with the application as if it had been made to him in the first instance;

cause a local inquiry to be held; or

afford to the applicant and the F75Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

any further representations in writing received by him, within the prescribed period, from the persons mentioned in section 43(5) above; and

the requirements of the applicant, in so far as they appear to the Secretary of State to be reasonable requirements.

the abstraction of water; or

the flow of any inland waters to be obstructed or impeded by means of impounding works,

any reference in those provisions to the F75Agency, were a reference to the Secretary of State; and

the references to sections 38(3) and 39(1) above were references to subsections (3) and (4) above.

to grant a licence containing such provisions as may be specified in the direction;

to vary the licence so as to contain such provisions as may be so specified; or

to revoke the licence.

notice of any appeal against the decision on such an application, will be served on any National Park F78. . . authority who made representations falling within paragraph (b) of section 34(3) above; and

the Secretary of State, in determining the appeal, will take account of any further representations made by such an authority within such period and in such manner as may be prescribed.

provision as to the quantity of water authorised to be abstracted in pursuance of the licence from the source of supply to which the licence relates during a period or periods specified in the licence, including provision as to the way in which that quantity is to be measured or assessed for the purposes of this Chapter; and

provision for determining, by measurement or assessment, what quantity of water is to be taken to have been abstracted during any such period by the holder of the licence from the source of supply to which the licence relates.

the date on which it takes effect; and

the date on which it expires.

the abstraction of water during different periods;

the abstraction of water from the same source of supply but at different points or by different means;

the abstraction of water for use for different purposes;

for abstraction from the same point as the abstraction licensed by the expiring licence;

whose holder would be the same as the holder of the expiring licence; and

which would take effect immediately after the expiry date.

if a new licence is granted (whether or not on the terms applied for), the date on which it takes effect;

that the water was abstracted in pursuance of a licence under this Chapter; and

that the provisions of the licence were complied with.

that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;

that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and

that the other requirements of the licence (if any) were complied with.

in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section);

in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or

constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence,

the prior holder dies or, by reason of any other act or event, ceases to be the occupier of the whole of the relevant land and does not continue to be the occupier of any part of that land; and

either immediately after the death of the prior holder or the occurrence of that other act or event or subsequently, another person (“the successor") becomes the occupier of the whole of the relevant land,

the death of the prior holder; or

the occurrence of any other act or event whereby the prior holder ceases to be the occupier of the relevant land or of part of that land.

a right to become the holder of the licence, subject to provisions corresponding to subsection (3) of section 49 above; or

a right to apply for, and to the grant of, a new licence containing provisions (as to quantities of water and otherwise) determined, in accordance with the regulations made by the Secretary of State, by reference to the provisions of the original licence.

continues to be the occupier of part of the relevant land; but

ceases to be the occupier of another part of that land,

to an application for a licence made by virtue of the regulations; or

to a person entitled to make such an application,

sections 37 and 38(1) above shall not apply by virtue of subsection (3) above; and

sections 43 and 44 above, as applied by that subsection, shall have effect as if subsection (5) of section 43 and paragraph (a) of section 44(3) were omitted.

it appears to the Secretary of State (either in consequence of representations made to the Secretary of State or otherwise) that a licence under this Chapter ought to be reviewed; but

no proposals for revoking or varying the licence have been formulated by the F87Agency under subsection (1) above,

direct the F87Agency to formulate proposals for revoking the licence in question; or

direct the F87Agency to formulate proposals for varying that licence in such manner as may be specified in the direction.

be served on the holder of the licence; and

be published in the London Gazette and, at least once in each of two successive weeks, in one or more newspapers (other than the London Gazette) circulating in the relevant locality.

a licence with respect to which any proposals are formulated under this section relates to any inland waters; and

the proposals provide for variation of that licence,

name a place within the relevant locality where a copy of the proposals, and of any map, plan or other document prepared in connection with them, will be open to inspection by the public, free of charge, at all reasonable hours during a period specified in the notice in accordance with subsection (7) below; and

begins not earlier than the date on which the notice is first published in a newspaper other than the London Gazette; and

ends not less than twenty-eight days from that date and not less than twenty-five days from the date on which the notice is published in the London Gazette.

if the proposals are for the revocation of the licence, revoke the licence; and

if the proposals are proposals for varying the licence, vary the licence in accordance with those proposals or, with the consent of the holder of the licence, in any other way.

the proposals;

the objection of the holder of the licence; and

any representations in writing relating to the proposals which were received by the F89Agency before the end of the period mentioned in subsection (2) of that section,

cause a local inquiry to be held; or

afford to the holder of the licence and the F89Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

the abstraction of water; or

the flow of any inland waters to be obstructed or impeded by means of impounding works,

any reference to the F89Agency were a reference to the Secretary of State;

any reference to the application were a reference to the proposals; and

the references to sections 38(3) and 39(1) were references to subsections (1) and (3) above.

he is not entitled to a protected right for the purposes of this Chapter in respect of those inland waters; or

the loss or damage which he has sustained in his capacity as owner of those rights is not attributable to any such breach of statutory duty as is mentioned in subsection (2) or (3) of section 60 below or is in addition to any loss or damage attributable to any such breach.

constitutes or is included in an interest in land; or

is exercisable by virtue of an exclusive licence granted for valuable consideration;

cause a local inquiry to be held; or

afford to the applicant, the holder of the licence and the F91Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

the grounds of the application, as mentioned in subsection (3) of that section, are established to his satisfaction; and

he is satisfied that the extent of the loss or damage which the applicant has sustained, as mentioned in that subsection, is such as to justify the revocation or variation of the licence.

one or more licences under this Chapter are in force in relation to a source of supply authorising water abstracted in pursuance of the licences to be used for the purpose of spray irrigation, or for that purpose together with other purposes; and

by reason of exceptional shortage of rain or other emergency, it appears to the F92Agency that it is necessary to impose a temporary restriction on the abstraction of water for use for that purpose.

the F92Agency shall not serve a notice under this section on the holder of one of the licences unless a like notice is served on the holders of the other licences in respect of the same period; and

the reductions imposed by the notices on the holders of the licences shall be so calculated as to represent, as nearly as appears to the F92Agency to be practicable, the same proportion of the quantity of water authorised by the licences (apart from the notices) to be abstracted for use for the purpose of spray irrigation.

the grant or variation of the licence shall, as between the F94Agency and the person entitled to those rights, have effect as a breach on the part of the F94Agency of a statutory duty not to authorise derogation from those rights; and

subsection (2) above shall apply in relation to that statutory duty as it applies in relation to the duty imposed by section 39(1) above.

that the abstraction of water authorised by the licence, as granted or varied by the F94Agency, derogated from the plaintiff’s protected right; or

that the obstruction or impeding of the flow of the inland waters authorised by the licence, as so granted or varied, derogated from the plaintiff’s protected right,

the abstraction of water; or

the flow of any inland waters to be obstructed or impeded by means of impounding works,

has incurred expenditure in carrying out work which is rendered abortive by the revocation or variation; or

has otherwise sustained loss or damage which is directly attributable to the revocation or variation,

in respect of any work carried out before the grant of the licence which is revoked or varied; or

in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence.

the compensation shall be assessed as if the interest were not subject to the mortgage;

a claim for the compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);

any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

the holder of licence A was a water undertaker;

at the time of the revocation an application from a qualifying person for a licence to abstract water (“licence B”) was outstanding;

if the Agency had granted licence B while licence A still had effect, the Agency would have been in breach of the duty imposed on it by section 39(1) above owed to the holder of licence A;

the ground for revoking licence A was that the Agency was of the view that in the interests of greater efficiency in the use of water resources it would be better for licence B to be granted and licence A revoked; and

the Agency proposes to grant licence B.

a water undertaker; or

a person who has made an application for an appointment or variation replacing a company as a water undertaker under section 8 of the Water Industry Act 1991 which has not been determined.

that the grounds of the application (as mentioned in subsection (3) of that section) have been established to his satisfaction; but

that the licence shall not be revoked or varied in pursuance of that application,

notice to treat for the acquisition of the fishing rights of the applicant, or of an interest in land which includes those rights, has been served by the F99Agency; or

an offer has been made by the F99Agency to the owner of those rights to acquire them on compulsory purchase terms or, where the rights subsist only as rights included in an interest in land, to acquire that interest on such terms,

the value of those rights; or

where they subsist only as rights included in an interest in land, the value of that interest,

the Secretary of State, on an application under section 55 above, determines that the licence to which the application relates shall not be revoked or varied and grants a certificate under subsection (2) above; and

notice to treat for the acquisition of the fishing rights to which the application related, or of an interest in land in which those rights are included, has been served by the F99Agency within the period of six months from the date on which that certificate is granted,

the F100Agency is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and

the F100Agency pay to that person any sum in satisfaction of that liability,

proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the F100Agency, or an application with respect to any licence is made under section 55 above;

in consequence of those proposals or that application, the licence is revoked or varied; and

compensation in respect of the revocation or variation is payable by the F100Agency under section 61 above,

in consequence of that determination, compensation is payable by the F100Agency under section 62 above,

for the purposes of subsection (1) above, the amount of the sum paid by the F100Agency and, if an action has been brought against the F100Agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the F100Agency in connection with the action (including any costs of the plaintiff which the F100Agency was required to pay); and

for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Lands Tribunal, the amount of any costs reasonably incurred by the F100Agency in connection with that reference (including any costs of the claimant which the F100Agency is required to pay).

in relation to the abstraction of water by the F101Agency from sources of supply; and

in relation to the construction or alteration by the F101Agency of impounding works,

that any licence required by the F101Agency in relation to the matters mentioned in subsection (1) above shall be granted (or be deemed to be granted) by the Secretary of State, and not be granted by the F101Agency;

that, in such cases and subject to such conditions as may be prescribed, any licence so required by the F101Agency shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for the licence to be made to him by the F101Agency; and

that where a licence is deemed to be granted as mentioned in paragraph (b) above, the F101Agency shall give such notice of that fact as may be prescribed.

no person other than the Board or a person authorised for the purpose by the Board may be given a consent for the purposes of section 27(2) above;

no person other than the Board shall be entitled to apply for a licence under this Chapter;

an application for a licence under this Chapter may be made by the Church Commissioners if the benefice is for the time being vacant; and

the licence shall not be required to specify the person to whom the licence is granted; and

the licence shall be deemed to be held by the Church Commissioners at any time when the benefice in question is vacant.

in respect of damage to land which is ecclesiastical property and to the owner of the fee simple in the land; or

in respect of depreciation of the value of the fee simple in land which is ecclesiastical property,

if the land is not consecrated, be applied by them for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale; and

if the land is consecrated, be applied by them in such manner as they may determine.

the Church Commissioners are required, by virtue of subsection (3)(b) above, to pay any fee or other charge in respect of a licence under this Chapter; and

any moneys are then payable by the Commissioners to the incumbent of the benefice in question or subsequently become so payable,

any appeal to the Secretary of State under this Chapter; or

any reference to the Secretary of State in pursuance of a direction under section 41 above or in pursuance of section 53(4) above,

that the decision is not within the powers of this Act; or

that any of the requirements of, or of any regulations made under, this Chapter which are applicable to the appeal or reference have not been complied with,

that the decision to which the application relates is not within the powers of this Act; or

that the interests of the person making the application under this section have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) above,

in relation to an appeal, means the appellant;

in relation to a reference in pursuance of a direction under section 41 above, means the applicant for the licence or, where that section applies by virtue of section 51(3) above, for the revocation or variation; and

in relation to a reference in pursuance of section 53(4) above, means (subject, without prejudice to their application to the other provisions of this Chapter, to subsections (6) and (7) of section 25 above) the holder of the licence.

is inconsistent with any of the provisions of that order; or

requires to be amended or adapted, having regard to any of the provisions of that order,

to any adit or passage constructed in connection with a well, borehole or other similar work for facilitating the collection of water in the well, borehole or work.

by the holder of such a licence; or

by a person acting as a servant or agent of, or otherwise under the authority of, the holder of such a licence,

shall be construed as not including spray irrigation if carried out by such methods or in such circumstances or for such purposes as may be specified in the order; and

without prejudice to the exercise of the power conferred by virtue of paragraph (a) above, shall be construed as including references to the carrying out, by such methods or in such circumstances or for such purposes as may be specified in the order, of irrigation of any such description, other than spray irrigation, as may be so specified.

into any controlled waters; or

from land in England and Wales, through a pipe, into the sea outside the seaward limits of controlled waters.

on to or into any land; or

into any waters of a lake or pond which are not inland freshwaters.

pollution due to other causes; or

the consequences of such pollution.

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

the F127Agency has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or

the F127Agency has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed.

contains a prescribed substance or a prescribed concentration of such a substance; or

derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.

on the grant or withdrawal of the application;

on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed as the period within which any such appeal must be brought; or

on the withdrawal or determination of any such appeal.

matter included in the discharge was received by it into the discharging sewer or any other sewer or works vested in it;

it was bound (either unconditionally or subject to conditions which were observed) to receive that matter into that sewer or works; and

subsection (1B) below does not apply.

matter included in the discharge was received by it into a sewer or works vested in it; and

it was bound (either unconditionally or subject to conditions which were observed) to receive that matter into that sewer or works.

the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works;

the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed; and

the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

a consent given under this Chapter or under Part II of the M23Control of Pollution Act 1974 (which makes corresponding provision for Scotland);

a permit granted, under regulations under section 2 of the Pollution Prevention and Control Act 1999, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions in to the air, water and land;

an authorisation for a prescribed process designated for central control granted under Part I of the M24Environmental Protection Act 1990;

a waste management or disposal licence;

a licence granted under Part II of the M25Food and Environment Protection Act 1985;

section 163 below or section 165 of the M26Water Industry Act 1991 (discharges for works purposes);

any local statutory provision or statutory order which expressly confers power to discharge effluent into water; or

any prescribed enactment.

any such entry or discharge as is mentioned in subsections (2) to (4) of section 85 above; or

any act or omission so far as it results in any such entry or discharge.

the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health;

that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and

particulars of the entry or discharge are furnished to the F131Agency as soon as reasonably practicable after the entry occurs.

at least one falls on or before that date, and

at least one falls after that date,

he deposits the refuse on the land with the consent of the F131Agency;

no other site for the deposit is reasonably practicable; and

he takes all reasonably practicable steps to prevent the refuse from entering those inland freshwaters.

removes from any part of the bottom, channel or bed of any inland freshwaters a deposit accumulated by reason of any dam, weir or sluice holding back the waters; and

does so by causing the deposit to be carried away in suspension in the waters.

causes or permits a substantial amount of vegetation to be cut or uprooted in any inland freshwaters, or to be cut or uprooted so near to any such waters that it falls into them; and

fails to take all reasonable steps to remove the vegetation from those waters.

must be made on a form provided for the purpose by the Agency, and

must be advertised in such manner as may be required by regulations made by the Secretary of State,

with all such information as it reasonably requires; and

with all such information as may be prescribed for the purpose by the Secretary of State.

state that the Agency is of the said opinion;

specify the matters constituting the contravention or the matters making it likely that the contravention will arise;

specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and

specify the period within which those steps must be taken.

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

on an application for a consent under this Chapter for the purposes of section 88(1)(a) above, has refused a consent for any discharges;

in giving a discharge consent, has made that consent subject to conditions;

has revoked a discharge consent, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;

has, for the purposes of paragraph F1398(1) or (2) of Schedule 10 to this Act, specified a period in relation to a discharge consent without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;

has refused a consent for the purposes of section 89(4)(a) above for any deposit; F140. . .

he refused a consent for the purposes of section 90 above for the doing of anything by any person or, in giving any such consent, made that consent subject to conditions;

has refused a person a variation of any such consent as is mentioned in paragraphs (a) to (f) above or, in allowing any such variation, has made the consent subject to conditions; or

has served an enforcement notice on any person.

may affirm the decision;

where the decision was a refusal to grant a consent or a variation of a consent, may direct the Agency to grant the consent or to vary the consent, as the case may be;

where the decision was as to the conditions of a consent, may quash all or any of those conditions;

where the decision was to revoke a consent, may quash the decision;

where the decision relates to a period specified for the purposes of paragraph 8(1) or (2) of Schedule 10 to this Act, may modify any provisions specifying that period;

to revoke a discharge consent,

to modify the conditions of any such consent, or

to provide that any such consent which was unconditional shall be subject to conditions,

the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or

harm to human health,

if the appeal is still pending at the end of the day on which the determination is made, subsection (2F) above shall apply to the decision from the end of that day; and

the holder or former holder of the consent shall be entitled to recover compensation from the Agency in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;

as to the period within which and the manner in which appeals are to be brought; and

as to the manner in which appeals are to be considered.